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HomeMy WebLinkAboutLegislation SUBCity of Miami Legislation Resolution R-17-0472 City Hail 3500 Pan American Drive Miami, FL 33133 www.miamigov.ccm File Number: 2887 Final Action Date: 9/28/2017 A RESOLUTION OF THE MfAMI CITY COMMISSION ("COMMISSION"), WITH ATTACHMENT(S), BY A FOUR -FIFTH (4/5THS) AFFIRMATIVE VOTE, AFTER A DULY NOTICED PUBLIC HEARING, RELATED TO TAXATION, DEFINING AND DESIGNATING THE TERRITORIAL LIMITS OF THE DOWNTOWN DEVELOPMENT DISTRICT ("DISTRICT") OF THE CITY OF MIAMI, FLORIDA "CITY"), AND FIXING AND ADOPTING THE FINAL MILLAGE AND LEVYING AN ADDITIONAL AD VALOREM TAX ON ALL REAL AND PERSONAL PROPERTY IN THE DISTRICT AT THE RATE OF 0.4681 MILLS ON THE DOLLAR OF TAXABLE VALUE OF SUCH PROPERTY IN SAID DISTRICT FOR THE PURPOSE OF FINANCING THE OPERATION OF THE MIAMI DOWNTOWN DEVELOPMENT AUTHORITY FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2017 AND ENDING SEPTEMBER 30, 2018; PROVIDING THAT SAID MILLAGE SHALL BE IN ADDITION TO THE MILLAGE ADOPTED BY THE COMMISSION PURSUANT TO SECTION 9, ARTICLE VII, FLORIDA CONSTITUTION, AND SECTION 166.211, FLORIDA STATUTES (2017), AS WELL AS ANY SPECIAL ASSESSMENTS IMPOSED BY THE SAME; PROVIDING THAT THIS RESOLUTION SHALL NOT BE DEEMED AS REPEALING OR AMENDING ANY OTHER RESOLUTION OR ANY ORDINANCE FIXING MILLAGE OR LEVYING TAXES BUT SHALL BE DEEMED SUPPLEMENTAL AND IN ADDITION THERETO; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami City Commission ("Commission") pursuant to Chapter 65-1090, Laws of Florida; Section 189.056, Florida Statutes (2016), and Section 14-60 of the Code of the City of Miami, Florida, as amended ("City Code"), is authorized to levy an additional ad valorem tax an all real and tangible personal property in the Downtown Development District ("District") not exceeding 0.4750 mills on the dollar valuation of such property for the purpose of financing the operation of the Miami Downtown Development Authority ("Miami DDA"), as affirmed in Milan Investment Group v. City of Miami, 172 So. 3d 458 (Fla. 3rd DCA 2015); and WHEREAS, for the purposes of this Resolution, the District is defined as the area within the territorial limits of the City of Miami ("City") as it now exists, with the boundaries thereof being designated in Ordinance No. 12307, adopted December 12, 2002, and more specifically described in Exhibit "A", attached and incorporated; and WHEREAS, Section 200.065, Florida Statutes (2017), sets forth the method of fixing a millage rate; and WHEREAS, an July 1, 2017, the Miami -Dade County Property Appraiser ("PA"), pursuant to Section 200.065(1), Florida Statutes (2017), certified to the Miami DDA the taxable value of property within the territorial limits of the District, set at $18,781,633,588; and WHEREAS, the Miami DDA prepared a tentative budget for the Fiscal Year beginning October 1, 2017 and ending September 30, 2018 and computed a proposed millage rate of 0.4681 mills, which is necessary to fund the tentative budget other than the portion of the Miami City of Miami Page 1 of 3 File ID: 2887 (Revision: A) Printed On: 9/29/2017 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ❑RIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. ��'��- LecjcslaAyi svr3 File ID: 2887 Enactment Number: R•17-0472 DDA's budget to be funded from sources other than ad valorem taxes; and WHEREAS, on July 27, 2017, the Commission adopted Resolution No. R-17-0395, attached and incorporated as Exhibit "B," wherein it directed the Executive Director of the Miami DDA to submit to the PA and the Miami -Dade County Tax Collector the proposed millage rate of 0.4681 mills,, together with other required information set forth in Section 200.65(2)(b), Florida Statutes; and WHEREAS, on September 19, 2017, the Commission adopted Resolution No, R-17- 0427, attached and incorporated as Exhibit "C", authorizing the tentative millage rate of 0.4681 mills to be presented to the Commission at today's meeting for a determination now of the final millage by four -fifths (4/5ths) affirmative vote, after a duly noticed public hearing, in compliance with Florida Statutes Section 200.065(5)(a)(1), and in order to fund the Miami DDA's final budget for the Fiscal Year beginning on October 1, 2017 and ending on September 30, 2018, other than the portion of the Miami ❑❑A's final budget to be funded from sources other than ad valorem taxes; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MiAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as fully set forth in this Section. Section 2. For the purposes of this Resolution, the District is defined as that area within the territorial limits of the City as it now exists, with the boundaries thereof being designated in Resolution No. 12307, adopted December 12, 2002, and more specifically described in Exhibit "A", attached and incorporated, Section 3. By a four -fifths (4/5ths) affirmative vote, after a duly noticed public hearing, there shall be levied an additional ad valorem tax on all real and personal property within the District at a final rate of 0.4681 mills on the dollar of the taxable value of such property for the purposes of financing the operation of the Miami DDA for the Fiscal Year beginning October 1, 2017 and ending September 30, 2018. Section 4. The final millage rate herein adopted is 4.86% more than the rolled -back rate of 0.4464 mills. Section 5. The final millage adopted and the ad valorem taxes levied pursuant to this Resolution shall be in addition to the fixing of the millage adopted and ad valorem taxes levied by the Commission pursuant to Section 9, Article VII, Florida Constitution, and Section 166.211, Florida Statutes (2017), as well as in addition to any special assessments imposed by the same. Section 6. This Resolution shall neither repeal nor amend any other resolution or ordinance adopting millage or levying ad valorem taxes for the Fiscal Year beginning October 1, 2017 and ending September 30, 2018, but shall be deemed supplemental and in addition thereto. Section 7. If any section, part of a section, paragraph, clause, phrase, or word of this Resolution is declared invalid, the remaining provisions of the Resolution shall not be affected. Section 8. This Resolution shall become effective October 1, 2017 after final reading City of Miami Page 2 af 3 File ID: 2887 (Revision: A) Printed on: 9/2912017 File ID: 2887 and adoption thereof' APPROVED AS TO FORM AND CORRECTNESS: • LU z m W • 2 a a o z co to • p I- • 0LL c=o z(Jz uJ<w Uj dez, i y : ttor ey 9/29/2017 • a�, a?d ✓ 2w r fl n Enactment Number: R-17-0472 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. if the Mayor vetoes this Resolution, it shalt become effective immediately upon override of the veto by the City Commission. City of Miami Page 3 of 3 File JD: 2887 (Revision: A) Printed on: 912912017 City of Miami Legislation Resolution R-17-0472 File Number: 2887 Final Action A RESOLUTION OF THE MIAMI CITY COMMISSION ("COMMISSIO ATTACHMENT(S), BY A FORTH -FIFTH (4/5THS) AFFIRMATIVE V A DULY NOTICED PUBLIC HEARING, RELATED TO TAXATION AND DESIGNATING THE TERRITORIAL LIMITS OF THE DOW DEVELOPMENT DISTRICT ("DISTRICT') OF THE CITY OF ("CITY"), AND FIXING AND ADOPTING THE FINAL MILLA ADDITIONAL AD VALOREM TAX ON ALL REAL AND PE IN THE DISTRICT AT THE RATE OF 0.4681 MILLS ON TAXABLE VALUE OF SUCH PROPERTY IN SAID DIS PURPOSE OF FINANCING THE OPERATION OF T DEVELOPMENT AUTHORITY FOR THE FISCAL 1, 2017 AND ENDING SEPTEMBER 30, 2018; P SHALL BE IN ADDITION TO THE MILLAGE AD PURSUANT TO SECTION 9, ARTICLE VII, F SECTION 166.211, FLORIDA STATUTES ( ASSESSMENTS IMPOSED BY THE SAM RESOLUTION SHALL NOT BE DEEME OTHER RESOLUTION OR ANY ORDI TAXES, BUT SHALL BE DEEMED S THERETO; CONTAINING A SEVE EFFECTIVE DATE. City Hall 35a0 Pan American Drive Miami, L.33133 wwwmigov.com to: 9/28/2017 ), WITH E, AFTER EFINING TOWN AMI, FLORIDA AND LEVYING AN ONAL PROPERTY E DOLLAR OF ICT FOR THE MIAMI DOWNTOWN AR BEGINNING OCTOBER VIDING THAT SAID MILLAGE TED BY THE COMMISSION RIDA CONSTITUTION, AND 16), AS WELL AS ANY SPECIAL PROVIDING THAT THIS AS REPEALING OR AMENDING ANY NCE FIXING MILLAGE OR LEVYING PLEMENTAL AND IN ADDITION BILITY CLAUSE AND PROVIDING FOR AN WHEREAS, the Miami City Cr mission ("Commission") pursuant to Chapter 65- 1090, Laws of Florida; Section 189 6, Florida Statutes (2016); and Section 14-60 of the Code of the City of Miami, Florida as amended ("City Code"), is authorized to levy an additional ad valorem tax on all ;al and tangible personal property in the Downtown Development District ("District" not exceeding 0.4750 mills on the dollar valuation of such property for the purpose of f' ancing the operation of the Miami Downtown Development Authority ("Miami DDA"), a affirmed in Milan Investment Group v. City of Miami, 172 So. 3d 458 (Fla. 3rd DCA 2015). : nd WHEREAS, f. the purpose of this Resolution, the District is defined as the area within the territorial its of the City of Miami ("City") as it now exists, with the boundaries thereof being des', nated in Ordinance No. 12307, adopted December 12, 2002, and more specifically des s ed in Exhibit "A", attached and incorporated; and WHE AS, Section 200.065, Florida Statutes (2017), sets forth the method of fixing a millage r e; and HEREAS, on July 1, 2017, the Miami -Dade County Property Appraiser ("PA"), pursu • t to Section 200.065(1), Florida Statutes (2017), certified to the Miami ❑DA the tax. • e value of property within the territorial limits of the District, set at $18,781,633,588; and WHEREAS, the Miami DDA prepared a tentative budget for the Fiscal Year beginning October 1, 2017 and ending September 30, 2018, and computed a proposed millage rate of City of Miami Pagel of 3 File ID: 2887 (Revision:) Printed On: 9129/2017 SUBSTITUTED File ID: 2887 Enactment Number: R-17-+ 72 0.4681 mills, which is necessary to fund the tentative budget other than the portion of M is m i DDA's budget to be funded from sources other than ad valorem taxes; and WHEREAS, on July 27, 2017, the Commission adopted Resolution No. R- -0395, attached and incorporated as Exhibit ' B," wherein it directed the Executive Direc of the Miami DDA to submit to the PA and the Miami -Dade County Tax Collector the ..posed millage rate of 0,4681 mills, together with other required information set fort n Section 200.65(2)(b), Florida Statutes; and WHEREAS, on September 19, 2017, the Commission adopted Re-.lution No. R-17- 0427, attached and incorporated as Exhibit "C", authorizing the tentative 'liege rate of 0.4681 mills to be presented to the City Commission at today's meeting for a ■ termination now of the final millage by forth -fifths (4/5ths) affirmative vote, after a duly notice . public hearing, in compliance with Florida Statutes Section 200.065(5)(a}(1), and in o er to fund the Miami DDA's final budget for the Fiscal Year beginning on October 1, 2017 and -riding on September 30, 2017 other than the portion of the Miami DDA's final budget to b funded from sources other than ad valorem taxes; NOW, THEREFORE, BE iT RESOLVED BY THE '`OMMISSiON OF THE CITY OF MIAMI, FLORIDA: Section 1, The recitals and findings contain-,: in the Preamble to this Resolution are adopted by reference and incorporated as fully set orth in this Section. Section 2. For the purpose of this Restion, the District is defined as that area within the territorial limits of the City as it now. -xists, with the boundaries thereof being designated in Resolution No. 12307, adoptefr December 12, 2002, and more specifically described in Exhibit "Al',attached and inc. •crated. Section 3. By a four -fifths (4/5th affirmative vote, after a duly noticed public hearing, there shall be levied an additional ad v. orern tax on all rear and personal property within the District at a final rate of 0.4681 mills .. the dollar of the taxable value of such property for the purpose of financing the operation the Miami DDA, for the Fiscal Year beginning October 1, 2017 and ending September 30, ,18. Section 4. The final lage rate herein adopted is 4.86% more than the rolled -back rate of 0.4464 mills, Section 5. The f n a i millago adopted and the ad valorem taxes levied pursuant to this Resolution shall b: in addition to the fixing of the millage adopted and ad valorem taxes levied by the Commi-.ion pursuant to Section 9, Article VII, Florida Constitution, and Section 166,211, Florida St• utes (2017), as well as in addition to any special assessments imposed by the same. Sectio 6. This Resolution shall neither repeal nor amend any other resolution or ordinance as pting millage or levying ad valorem taxes for the Fiscal Year beginning October 1, 2017 an ending September 30, 2018, but shall be deemed supplemental and in addition thereto. Section 7. If any section, part of a section, paragraph, clause, phrase or word of this Res • ution is declared invalid, the remaining provisions of the Resolution shall not be off cted , City of Miami Page 2 of 3 File ID 2887 (Revision;) Printed on: 9/29/2017 SUBSTITUTED Fite ID: 2887 Enactment Number. R-17-0472 Section 8. This Resolution shall become effective October 1, 2017 after final readin and adoption thereof.1 APPROVED AS TO FORM AND CORRECTNESS: If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 3 of 3 File 1D.` 2887 (Revision: } Printed on. 9128/2017 SUBSTITUTED